My friend & I have been going through a debate for several weeks off & on.   He claims it is illegal to place a high cap magazine into a post-ban AR.  He is citing the TX Gun Owners Guide.  I disagree based on what others have told me on this board & in person at the gun range (along with the Maryland AR15 website).

Can anyone direct me to an authoritative source online that categorically states whether it is legal or not?

Thanks!

It is legal to put a pre-ban high-cap mag into a post ban firearm.  It depends on local laws regarding the legal ownership of the pre-ban mags.

If it were illegle, then you could buy new pre-ban mags for your pre-ban guns, seeing as they could still be produced as replacement parts/acessories are for pre-ban guns. They're not thoght. Point that out

Here in California it is 100% legal, as long as the mag is legal.  If it's legal here I sure it must be elsewhere.  BTW, I have never had anyone ask about the pre or post ban statue of my AR at a gun range[;)]

Sgtar15

This is my rifle, there are many like it, but this one is mine.
[img]http://www.redstorm.com/images/m16_inv.gif[/img]

Unless specified by local legislation, You can own and use high capacity magazines made before 9/94.  Hi Cap magazines made after 9/94 are to be had and used by Law Enforcement and Government only.

Sorry, I should have been clearer, but I see you all know what I meant to say.

A pre-ban high cap into a post-ban AR.

Do any of you have a source that I can quote?  I searched BATF & came up with zip.

The only site I have been able to find regarding this is the Maryland AR15 site, but he does have a disclaimer stating he is not an attorney...so my search continues for a Federal source.

High Cap, pre-ban mags are legal to own in TX.  I just need a source to prove that what I'm stating to my buddy is correct.

The stakes are HIGH:  lunch!

 

... if in doubt [size=2][red]NEVER BREAK THE LAW[/red][/size=2].
Be safe mail all your hi-cap USGI mags to:


Steve Foster
1783 W. Glendale Ave.
Mesa, Arizona
85339

[/sarcasm]

He may have been thinking of certain AK's. I know they have sold AK's with pistol grips, to use them legally, you had to use special US made magazines.

Good reply Winston_Wolf. I'm still laughing.


Moose

Yes absolutley positivley it is legal to put a pre-ban mag in a post-ban AR15, no matter where you live.
If your state prohibits, say, 30 Rd mags, you can't put it in your gun. But that's not becasue of it's pre or post ban status of the gun. It's becasue of local law prohibiting the mag itself.
I can't cite a law for you to look at becasue there was never a law drafted to prohibit it- that's what "legal" means.

The laws regarding AK's and post ban mags don't apply to AR's because the certian AK's those laws apply to are considered "imported" rifles- thus subject to a totally different set of rules. Add US parts, and VIOLA!
You can use pre ban mags in them too...

But, not to confuse you...

Yes. 100% for sure it is legal. Whoever told you it wasn't is an idiot.

The applicable portion of the Texas Penal Code is Chapter 46. Weapons.  There is no listing against the use of high-capacity magazines in the penal code.  Chapter 46 can be viewed here: [url]http://www.capitol.state.tx.us/statutes/pe/pe004600toc.html[/url]

Furthermore, the definition of a hi-capacity magazine is a federal one, specifically under the BATF.  I'm not familiar of a regulation stating that a pre-ban high-capacity magazine cannot be used in a post-ban gun.  The only regulation that I'm familiar with is that high-capacity magazines manufactured after 9.13.1994 must be marked as such and contain the stamp "For Law Enforcement/Military use only."

God Bless Texas

The Maryland website was talking about 30 Rd mags, becasue I believe anything over 20 rds is prohibited in Maryland- pre ban, post ban, anything.

It has nothing to do with Federal Law. So, unless you live in Maryland, it doesn't apply to you

[url]http://www.bushmaster.com/faqs/misc-legalfaqs.asp#2[/url]

Q. What has the Gun Legislation of 1994 done to change the AR15 rifle?

A. The Assault Rifle Ban has required removal of the bayonet lug, banned the threading of the muzzle for flash hider attachment, and banned the installation of the telescoping stock on Post-ban lowers. The rest of the rifle is unchanged, and target shooters will notice some accuracy gains from the crowned post-ban muzzles. Also, magazine capacity has been limited to 10 rounds, although there are still 20; 30; and 40 round "grandfathered" magazines out there for sale.

[url]http://www.atf.treas.gov/firearms/faq/faq2.htm#o3[/url]

(O3) What restrictions does Federal law impose on large capacity ammunition feeding devices? [Back]

It is generally unlawful for a person to transfer or possess a large capacity ammunition feeding device manufactured after September 13, 1994, the effective date of the law. See the exceptions listed in Question O5. [18 U. S. C. 922( w)( 1)]


(O4) How does the law define the term "large capacity ammunition feeding device?" [Back]

The term "large capacity ammunition feeding device" is defined as a magazine, belt, drum, feed strip, or similar device manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. Large capacity ammunition feeding devices in knockdown - disassembled) condition consisting of all parts needed to assemble a complete large capacity ammunition feeding device are subject to regulation if the parts are segregated or packaged together and held by a person as the parts for the assembly of a particular device. [18 U. S. C. 921( a)( 31)]


(05) What exceptions from the prohibitions on semiautomatic assault weapons and large capacity ammunition feeding devices are provided in the law? [Back]

Exceptions are provided for semiautomatic assault weapons and large capacity ammunition feeding devices -

(1) lawfully possessed on or before the date of enactment;
(2) manufactured for, transferred to, or possessed by governmental entities or law enforcement officers employed by governmental entities for official use;
(3) transferred to licensees maintaining on-site security at a nuclear power plant required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
(4) transferred to law enforcement officers by the officer's agency upon the officer's retirement; and
(5) manufactured, transferred, or possessed by licensed manufacturers or licensed importers for the purposes of testing or experimentation as authorized by ATF.

[b]If that won't do tell him to prove you wrong.[/b]  Now, where's my lunch? [:)]

Thanks to all for your help!  

[sniper]

AR18 is absolutely right.  It *is* legal to put a pre-ban high-cap mag into a post ban firearm.

Nuf said.

ARnSC